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(영문) 대구지방법원 안동지원 2016.05.20 2016고단165

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:50 on January 27, 2016, the Defendant, while under the influence of three times the main points of “C” located in “C” at permanent residence, displayed the Defendant’s photograph to the victim D (the victim’s 21 years old), and “I am blicker,” the victim’s breath was blicked once, the victim’s blick, which is a dangerous object on his/her table, was broken to the victim, and the victim was displayed on both sides of the blick bottle that was the victim and the victim was in need of two weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under the main sentence of Article 62(1) of the Criminal Act in the suspended sentence [the scope of recommendation] general injury (the scope of recommendation] shall be determined as the same as the disposition in consideration of the following: (a) basic area (4 months to one year and six months) [special mitigation (special mitigation)] / dangerous articles (the decision of sentence] reflects the defendant's wrongness; (b) the victim does not want the defendant's punishment; (c) the victim does not want the defendant's criminal conviction; (d) the defendant's criminal record, relationship of life, circumstances of the crime, etc.